Commonwealth Numbered Acts

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CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 135

Prerequisites to eligibility
135. A foreign company is not entitled to be registered under this Division
unless:

   (a)  under the law of its place of origin:

        (i)    transfer of its incorporation is authorised;

        (ii)   it is of a class that is the same, or substantially the same,
               as one of the classes of companies referred to in subsection
               137 (3);

        (iii)  if the liability of its members is limited-the extent to which,
               and the manner in which, that liability is limited is defined
               in its constitution; and

        (iv)   if it has a share capital and the liability of its members is
               limited-its capital is of a fixed amount and is divided into
               shares of a fixed amount;

   (b)  it has complied with the requirements (if any) of that law in relation
        to transfer of its incorporation;

   (c)  if that law does not require its members, or a specified proportion of
        them, to consent to transfer of its incorporation-transfer of its
        incorporation has been consented to by at least three-quarters of such
        of its members as, being entitled to do so, vote in person or, where
        proxies are allowed, by proxy, at a meeting of which at least 21 days
        notice is given specifying the intention to apply for the transfer;
        and

   (d)  its name is reserved under section 374 in respect of it. 


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